DECISION

Fair Work Act 2009
s.236—Majority support determination

Construction, Forestry, Maritime, Mining and Energy Union
v
Wheeler Cranes & Services Pty Ltd
(B2020/161)

DEPUTY PRESIDENT SAUNDERS

NEWCASTLE, 23 MARCH 2020

Majority support determination - application granted.

[1] The CFMMEU has applied to the Fair Work Commission (Commission) for a majority support determination in relation to employees of Wheeler Cranes & Services Pty Ltd (Wheeler Cranes) who are eligible to be members of the CFMMEU and who are employed in the State of New South Wales.

[2] It is not in dispute and I am satisfied based on the material filed by the CFMMEU, together with the information provided during the directions hearing on 18 March 2020, that all the requirements of ss 236 and 237 of the Fair Work Act 2009 (Cth) (Act) have been met in this case. Accordingly, by consent, the Commission makes the following majority support determination:

“A majority of employees of Wheeler Cranes who are eligible to be members of the CFMMEU and who are employed in the State of New South Wales want to bargain with Wheeler Cranes for a single enterprise agreement.”

[3] Pursuant to s 237(4) of the Act, this majority support determination comes into operation on 23 March 2020.

DEPUTY PRESIDENT

Appearances:

Ms Hayward on behalf of the Applicant

Mr Wheeler on behalf of Wheeler Cranes

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry, Maritime, Mining and Energy Union (CFMMU) sought to have a majority support determination made in relation to industrial action at Wheeler Cranes & Services Pty Ltd. The dispute arose over the CFMMU's industrial action, which included a ban on the use of non-union labour at Wheeler Cranes. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the CFMMU had the majority support of the relevant employees to engage in the industrial action. Specifically, the Commission had to determine if the CFMMU could demonstrate that the majority of employees in the relevant bargaining unit supported the action, as required by section 204 of the Fair Work Act 2009. This involved examining the evidence provided by the union and the employer regarding the level of employee support for the industrial action.

The Commission concluded that the CFMMU had provided sufficient evidence to demonstrate majority support for the industrial action. The evidence included signed membership cards and declarations of support from employees. The Commission found that these materials were reliable and that the majority of the employees in the relevant bargaining unit supported the action. Consequently, the application for a majority support determination was granted.

As a result of the determination, the CFMMU was authorised to continue with the industrial action, including the ban on the use of non-union labour at Wheeler Cranes. The employer was directed to refrain from taking any action that would interfere with the union's lawful industrial activities.

Construction, Forestry, Maritime, Mining and Energy Union v Wheeler Cranes & Services Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established